governmentwikiaorg-20200215-history
Hawker's Policy
*Pune roads to be HAWKER FREE? ''' Pune becomes the first urban city in the country to implement the Hawkers Policy in 2007 based on the National Hawkers Policy of 2004. With an allocation of Rs.27 crore under the JNURM funds for the rehabilitation of hawkers, the first phase of implementation is already underway – which means, 45 major roads will be clear of hawkers and four designated areas in Kharadi, Kothrud, Warje and Baner will have Hawkers malls wherein 10,262 hawkers will be rehabilitated. While the endeavour is commendable, will it really be effective in the long run and will it reach the logical end. Intelligent Pune gives an overview of the issue that concerns every citizen and brings you the contents of the policy '''Vinita Deshmukh Shrinivas Varunjikar Officially, our city has a whopping 20,000 odd unauthorised hawkers, mostly operating from footpaths and roadsides. As per a survey conducted by the Janiv Hawker Union which has been taking a lead since 2000 in hawker rehabilitation, the number is 37,000. Vikas Mathkari, opposition leader, PMC, says the number of unauthorised hawkers could go as high as one lakh and that's not surprising considering that most of our roads are choked with vendors. In the vicinity of Pune station alone, where repeated anti-encroachment drives have proved haphazard and futile, there are 1200 hawkers! Despite a High Court directive way back in 1989 to rehabilitate hawkers in designated pockets other than roads, the Pune Municipal Corporation did not take any action and allowed encroachment of public space by these vendors. Mathkari states this problem has national roots, since no one addressed it since the last 50 years. Calling it as a ``gigantic problem'' in Pune today, Mathkari feels that Pune has certainly made a head start by implementing the policy, but one should not expect 100 per cent results. The National Policy for Hawkers was formulated as recently as 2004 and it is indeed commendable that Pune adopted it as quickly as in 2007. After a nod by the General Body in February last year, the policy came into existence in March 2007. Now, with the allocation of Rs.27 crore under the JNURM funds, Pune becomes the first city to upgrade the status of that fraternity which is patronised by a large part of society but has ended up being a social nuisance. Pune's hawker's policy pioneered by Deputy Commissioner of PMC Dnyandev Thube has received appreciation from other civic bodies too. The objective of the Hawker Policy is to have well-constructed two-storeyed markets, wherein the PMC will rent out 6 ftX5ft stalls to vendors, which will have water supply and electricity. The personality of these hawker markets will be on the lines of Tulshibaug, Pune Cantonment Board's Fashion Street or the Hong Kong Lane in Deccan Gymkhana wherein a varied shopping fare is on display, to make shopping a wholesome experience. The policy has a three-fold purpose, states Thube - ``freeing roads of hawkers; rehabilitating them with dignity and; providing income to the civic body in the form of rent from these designated stalls.'' The Hawkers Policy is significant against the backdrop of the increasing number of hawkers in the city in the last 15 years. Licensed hawkers in the city are merely 7,422. Since 1989, there has been no issuance of new licenses and today, the city is literally bursting with hawkers. There are occasional crackdowns on these vendors, only to see them back in a short time. The National Hawkers Policy manual makes an interesting observation: ``Despite Supreme Court's ruling, street vendors conduct their business amidst insecurity. Whenever eviction drives are conducted, their wares are confiscated or even destroyed. Section 34 of the Police Act empowers the police to remove any obstructions on the streets. Even licensed street vendors can be evicted under this law. In order to overcome these restrictions, street vendors organise themselves into unions or local associations who negotiate with the local authorities (the officers in the municipal wards and police stations) for occupying public space. This invariably means offering rents (bribes) to the authorities for warding off eviction drives or forewarning them of impending drives. There are other forms of extracting rents. In some cases, local musclemen, more often than not with the backing of local political leaders, collect protection fees through threats. '' In fact, the mushrooming of hawkers in practically every roadside and footpaths and the turning a blind eye to this menace by law enforcing authorities and city leaders has been raising eyebrows. Allegedly, the turnover of `haftas' by these small time businessmen to the local police and Mandals could be allegedly in the range of Rs,10 crore per month for the entire city, according to Sanjay Shanke, general secretary of the Janiv Hawkers Union. So, would vested interests come in the way of the Hawker Policy progress? City leaders have shown tremendous integrity by passing a resolution in the PMC's General Body on February 21, 2007, to adopt the hawkers' policy. Only, they have ensured 15 per cent reservation ward wise, to give licenses as per their recommendation. Another five per cent reservation comes in the form of providing this self-employed business to the physically challenged – which is fair enough. Steering the rehabilitation policy from drafting to implementation, Thube has already begun action. He has received accolades for his meticulous work on this issue and the city pins hope on him to take up this challenge forward. An exhaustive list comprising name of the hawker, nature of business and area of operation has been made for the first round of implementation. In the first phase (which has already begun), 10,262 hawkers would be rehabilitated because of which 45 major roads will become hawker free. Four areas have been designated at Kharadi, Kothrud, Warje and Baner for constructing Hawker Malls. At the outset, the PMC survey on 30 arterial roads shows the existence of 4,691 hawkers out of which only 971 are authorised ones. The process of filling up forms by these hawkers has already begun with 1700 of them having completed the required formalities. Every hawker would be provided with a biometric identity card and the comprehensive details required of every hawker who applies for license would streamline hawker operation in Pune. Vikas Mathkari, leader of opposition, PMC states on a cautious note that, ``due to constraints in land and fund allocation, the hawker rehabilitation programme will not be 100 per cent effective. However, the good news is that, now we are marching ahead and hope to rehabilitate 10,000 odd hawkers in the first phase and clear 45 roads of such encroachment.'' In order to curtail hawker menace in future, Mathkari has made recommendations in the new DP Plan. States Mathkari, ``For the new DP Plan of the old city limits, this problem needs to addressed by creating more space. While there is hardly any land here, we need to acquire old wadas and pay compensation to the owners. In the new DP of the 23 villages, I have recommended that, for every 100 flats, there should be a mandatory provision for 20 vendor shops of 50-60 sq mtrs each. Otherwise, one finds the sprouting of hawkers across the fence of most new housing societies.'' Pune has 20 hawker unions out of which the Janiv Hawkers Union is in the forefront of eagerly adopting ad creating awareness about this policy to the targeted fraternity. States Shanke, ``Hawkers are an integral part of the society although they are clubbed as a social menace along with dogs and beggars. Citizens get vegetables, fruits and many other products at cheaper prices. However, hawkers are vulnerable to anti-encroachment drives and continuously run their small enterprise without any security. Designated Hawker Malls are the best solution to this problem, even if it means that business may take a dip in the beginning. What is important is that hawkers should be authorised license holders for their own betterment. Hundreds of hawkers are sharing this viewpoint and are therefore open to the Hawker Policy. They are fed up of being bulldozed by several elements including the authorities.'' Presently, a lot of hawkers are migrants. For example, those from West Bengal sell sarees, those from Haryana and Delhi sell electronic goods and those from Nagaland have opened Chinese food stalls. Mathkari opines that the Hawker Policy, although at the outset would cater to the original license holders, there would be no differentiation between locals and migrants. States Thube, ``the rehabilitation of hawkers will be done as per the following priority: original license holders (the 7,422 authorised hawkers) who are already in the business since 15 years; a family member of a deceased original license holder; unauthorised license holder since the last five years in the 45 roads of Phase I, those under the 15 per cent recommendation by corporators and five per cent disabled.'' Cynicism should be the last thing on our minds, when the PMC has taken a great leap forward to beautify the city by removing illegal hawker encroachments and at the same time rehabilitating them with dignity. Only, the ever increasing price of land and fund allocation which will seem inadequate as months pass by makes one introspect. Will this poor section of the society get consistent priority and fulfillment of promises, in this aggressive world of land sharks? Let's wait and watch. In the meanwhile, we reproduce below the contents of the `Hawker Policy 2007' to give you an insight of the rehabilitation of one of the most unorganised and disorganised sectors of our city. PRELUDE The Hawkers Policy 2007 states that two per cent of the city's population comprises hawkers. It also mentions that the Constitution of India has given right to business for every citizen and therefore the local civic administration has decided to allot separate place for hawkers other than footpaths and streets. As per a writ petition Number 3819/1989 dated 13-12-1989, the High Court had given directives to the Pune Municipal Corporation to decide a policy to distribute licenses in this regard. The Central Government has already chalked out a National Hawker Policy in the year 2004 and 2006 while the process of drafting of the state policy is still under process. Before the HC directives given in the year 1989, there were 7,422 licensed hawkers in Pune city whereas the number of unauthorized hawkers has crossed the figure of 20,000. Hawkers create traffic snarls and so as to avoid the further repercussions, the PMC is coming out with Hawker's Policy Definitions Hawker- A person selling or offering a service to citizens without using any machinery either on road or footpath, using handcart, cycle, either at one spot or moving around the city neighbourhoods Person- A man or a woman beyond age 18 Family- Husband and wife living with their sons and daughters Authorised Hawkers- Persons who have registered with the PMC to carry out their business either on roads, piece of land or footpaths owned by PMC and those who are paying their fees for carrying out their business with existing business set up Unauthorised Hawkers- Persons who have not registered with the PMC to carry out their business either on roads, piece of land or footpaths owned by PMC Women with no support- Divorcee, widows, socially deprived, unmarried or those who do not have any kind of income source Schedule castes, tribes, other backwards, nomadic tribes etc- Persons authentically declared by the government in the respective categories as mentioned above PMC land- The piece of land owned by PMC in its jurisdiction and other such places that can be possessed by the PMC from private parties, institutes in future. Blind / Physically Challenged- Person having a declaration certificate from the civil surgeon 40 per cent of either blindness or physically challenged. Ex Serviceman- a) persons with certificate of retirement from the services of central defence departments b) Persons who cannot work with defence establishments due to mishaps during war/conflicts and have such a certificate by the central defence authority c)Above mentioned persons who cannot cope with the limit of the minimum earning level declared by the government, d)persons who have gone through internal court martial of the services or against those whom disciplinary action has been taken will not be considered for the scheme. Hawker's Zone- The places or establishments owned by PMC and piece of land to be declared by the state government from time to time. No Hawker's Zone- The areas or establishments declared by the PMC commissioner as No Hawker's Zone, roads etc 13. Victims of road widening and developmental works- Persons directly affected due to road widening, other developmental works carried out by PMC for a social cause PMC to undertake the procedure matching with the National Policy for the street hawkers • Local body to form hawker's rehabilitation committee and offer the rights in this regard • To conduct survey of hawkers as and when required under the control of divisional officers, finalising their numbers through proper computerisation to maintain a permanent record and hand over the data for the perusal of the rehabilitation committee • To issue identity cards to the hawkers undersigned by the president of hawker's rehabilitation committee • To identify places and declare the selected areas as hawker's zone. To create a hawker's market on a piece of land owned by PMC • To identify hawkers and no-hawkers zones. • To identify a particular day or time for hawkers to carry out their business. To make a proposal to allow hawkers to carry out their business through ward-level vending committee and town vending committee to get sanction from hawkers rehabilitation committee depending upon the type of business either to allow once or twice in a week with specific timing at specific space. • To decide terms and conditions for hawkers while issuing license • To take action against the hawkers who fail to abide by the rules and terms and conditions. In serious cases either suspend or cancel the license. Refusal of rehabilitation and all such rights will be with the rehabilitation committee • To decide and collect a specific value of fees to be collected either on daily or monthly basis from the hawkers depending on the type of the business • Hawkers to be informed about various schemes of their benefits in terms with social security Place for the hawkers' rehabilitation The rehabilitation process will be initiated after issuing licenses, identity cards and priority. After rehabilitation, the hawker or any of his relative cannot carry out his business at the original place. Otherwise PMC can take stringent action like confiscation, license suspension or cancellation and or removal of name from the list of rehabilitation After issuing of licenses PMC will offer space for rehabilitation. If space is not available at a convenient spot, on request, PMC will search for some other space. Hawkers' rehabilitation committee's decision will be final and binding in this regard. Space for rehabilitation- The basic policy will be to offer place other than road and footpath. A new and fresh survey will be conducted in the old hawker's zones. This will include amenity space, open space near footpaths, open space near parking lots to be developed in near future, dead-ends, vegetable market ota market etc Eligibility criterion for rehabilitation • Domicile of Pune city or the newly added villages to the PMC jurisdiction since last 15 years and presently involved in the business. • Persons having their business in Pune with domicile certificate of Maharashtra State. • Persons having their business set up on the 30 roads which have been declared by PMC as No Hawker's Zones and the same follows for other such zones to be declared in future. • Persons affected due to road widening or having their business set up on the piece of land acquired by PMC for developmental works. • A fresh survey of the eligible hawkers would be carried out every five years Priority listing of rehabilitation The PMC will decide a list of priority while issuing new licenses or rehabilitating old hawkers based on various parameters like authorized hawkers, successors of the authorised and licensed hawkers, persons carrying out business on loan license basis, unauthorized hawkers carrying out their business on PMC roads for last five years, Eligible unauthorised hawkers as per a survey done by PMC in the year 2004, persons who can produce an evidence carrying out their unauthorized business for at least one year from the date on which the draft of the hawker's policy will be in force. The list includes persons under various categories like visually impaired, physically challenged, women with no family support, ex-servicemen, SC/ST, members of registered Self-Help Groups, district level sports persons etc. No Hawker's Zone- Phase I The roads or open spaces to be declared under No Hawkers Zone category are required to be over loaded with traffic. The town vending committee will categorise further areas under this category in future based on type of traffic, footpath facility, availability of residential and commercial facilities and objection (if any) received from the residents of that particular area. The first phase includes following 30 roads as No Hawker's Zone (Note:- The hawkers under Gatai category (squatter vendors) will not be included in this list) • Airport-Rajbhavan- Nagpur Chal, Gunjan Chowk, Parnakuti Police Chowky, Yerawada Bridge, Bund Garden, Ruby Hall, RTO, Engineering College, Observatory Chowk, Ganeshkhind Road, University Road, Aundh Bridge - presently 175 hawkers • Shivaji Road-Pune Satara Road- Narveer Tanaji Wadi, Shivajinagar ST Stand, Modern Café Chowk, Nava Pool, Lal Mahal Chowk, Belbag Chowk, Gotiram Bahiyya Chowk, Fadgate Police Chowky, Jedhe Chowk, Volga Chowk, Bhapkar Petrol Pump, Padmavati, Dhankawadi, Katraj Octroi Post - presently 589 hawkers • Bajirao Road- Nava Pool, backside of Shaniwar Wada, Appa Balwant Chowk, Sahnipar, Maharana Pratap Garden, N E Pooram Chowk, Sarasbag Chowk, Mitra Mandal Chowk, Volga Chowk - presently 65 hawkers • Jangali Maharaj Road-Shastri Road- Engineering College, Sancheti Hospital, Hotal Modern Café, entire Jangali Maharaj Road, Deccan Gymkhana, Garware Bridge, Sambhaji Bridge, Alaka Talkies, entire Lal Bahadur Shastri Road, Dandekar Bridge, Sinhagad Road, Parwati over bridge, Sarasbag - presently 141 hawkers • Shankasheth Road-Tilak Road- Shankarsheth Road from PMC boundry(Dhobi Ghat), Hotel Seven Loves Chowk, Jedhe Chowk (Swargate), N E Pooram Chowk, entire Tilak Road, Alaka Talkies - presently 230 hawkers • Karve Road- Paud Phata- Deccan Gymkhana Khandojibaba Cahowk, entire Karve Road, Fly over, Paud Phata, More Highschool, Vanaz Company, Kothrud old Kachara Depot, Kothrud PMT Depot, Chandani Chowk up to PMC limit - presently 196 hawkers • Karvenagar Road- Kothrud Bus Stand, Dahanukar Colony, Karvenagar, Warje, Pune Mumbai Bypass up to the junction - presently 83 hawkers • Fergusson Road- Narweer Tanaji Wadi, Sakhar Sankul, Agriculture College, Ganeshkhind Road, Police Ground, Fergusson Road, Deccan Gymkhana, Garware Bridge - presently 74 hawkers • Laxmi Road- Nana Peth from PMC limit, Modern Bakery Chowk, Ganesh Peth Dulya Maruti Chowk, Tamboli Masjid, Belbag Chowk, Ganpati Chowk, Vijay Talkies, Alaka Talkies Chowk - presently 259 hawkers • Navi Peth- Kanhere Path- Senapati Bapat Road- Navi Peth, Shastri Road Junction, Kanhere Path, Mhatre Bridge, Karve Road-Law College Road junction, entire Senapati Bapat Road, Chatushrungi, Ganesh Khind Road - presently 44 hawkers • Pune Station Road- Shaniwar Wada, Lal Mahal Chowk, Phadke Haud Chowk, Daruwala Chowk, Raste Wada, Ladkat Petrol Pump, Narpitgir Chowk, Zilla Parishad, Sassoon Hospital, Pune Station Chowk - presently 747 hawkers • Ambedkar Road- Somwar Peth, Hutatma Chowk (Bund Garden Police Station), LAl Dewal up to PMC limit - presently 12 hawkers • Vidhan Bhavan Road- Dorabaji- Vidhan Bhavan, Inox Theatre, Wadia College Chowk – presently 23 hawkers • Pandit Nehru Road-Market Yard Road- Mangalwar Peth, Mal Dhakka Chowk, Narpatgir Chowk, Power House Chowk, entire Pandit Nehru Road, Ramoshi Gate, Seven Loves Chowk, Apsara Talkies, Market Yard Bus Stand, Bibwewadi Kondhwa Road Junction - presently 365 hawkers • Sadashiv Peth- Kumathekar Road- Alaka Talkies, Jondhale Chowk, Chitrashala Chowk, Phadtare Chowk, Chitale Corner, Shanipar Chowk, Tilak Statue, Shivaji Road Junction - presently 196 hawkers • Shaniwar Peth- Kumathekar Road- Alaka Talkies, entire Kumathekar Road, Appa Balwant Chowk, Shivaji Road - presently 77 hawkers • Sinhagad Road- Sarasbag, lower side of Parwati over bridge, Dandekar Bridge, entire Sinhagad Road up to Rajaram Bridge - presently 87 hawkers • Spicer College Road- Bopodi Railway Gate No 20, Ambedkar Road, Spicer College, Bremen Chowk - presently 182 hawkers • Prabhat Road- Karve Road junction, Law College Road - presently 8 hawkers • Kondhwa-NIBM Junction- presently 30 hawkers • Kasba Peth- Mangalwar Peth- Shivaji Road junction, Surya Hospital, Pawale Chowk, Sat Toti Police Chowki, Kamala Nehru Hospital, 15 August Chowk, Apollo Talkies, Rasta Peth Power House, Somwar Peth police line, Ambedkar Road - presently 83 hawkers • Bibvewadi Road- Pune Satara Road junction, Pushpa Heights, entire Bibvewadi Road, Appar Indira Nagar Bus Stand - presently 304 hawkers • Deccan College Road- Yerwada, Parnakuti Police Chowky, Sangamwadi Phata, Phulenagar, RTO, Shantinagar, Vishrantwadi Petrol Pump - presently 186 hawkers • Nagar Road- Solapur Road- Yerwada Gunjan Talkies Chowk, Nagar Road, Ramwadi Octroi post, Kalyaninagar, Mundhwa Bridge up to Solapur Road - presently 113 hawkers • Pashan village- Sus Road - presently 68 hawkers • Shivarkar Road- Solapur road junction, entire Shiwarkar Road, up to kedari Mala - presently 82 hawkers • Shivajinagar- Bhandarkar Road- Deccan Gymkhana Café Goodluck Chowk, Law College Road - presently 8 hawkers • Sahakarnagar Road- Golwalkar Guruji Road- Pune Satara Road junction, Walvekarnagar, Taljai, Sahakarnagar, Gajanan Maharaj Mandir, Lakshminagar, Parwati base - presently 110 hawkers • Maharana Pratap Road- Ghorpade Police Chowky, Ganj Peth Police Chowky, Govind Halwai Chowk, Gurudwar, Gavkos Maruti, Kamala Nehru Hospital - presently 34 hawkers • Koregaon Park- Mundhwa- Koregaon Park, entire North Main Road, entire South Main Road, entire BT Kawade Road - presently 118 hawkers No Hawker's Zone- Phase II • Rajaram Bridge to Dhayari octroi post • Shivajinagar Court area- North and south parts of the court • Shivajinagar- PMC main building, Dengale Bridge, Balgandharva Chowk • Swargate- Jedhe Chowk, Sarasbag • Kasba Peth- Gadgil statue chowk, CHatrapti Shivaji Stadium, RTO • Aundh- Parihar Chowk, Baner junction near Sanewadi • Yerwada- Parnakuti, Alandi Road, Phulenagar, RTO Kalas • Chnadannagar- Chandannagar bypass, Mundhwa, MAgarpatta, Hadapsar • Gulavni Maharaj Road- Sudhir Phadke subway, Erandwana, GA Kulkarni Road, CDSS CHowk, Saket Society The financial arrangements for the rehabilitation of Hawkers (as per JNURM norms) • Central Government- 50 per cent • State Government- 30 per cent • PMC- minimum 20 per cent • Local development finds, district planning board funds, ward-level funds for the remaining amount Facilities to be provided for hawkers • Covered shop admeasuring 6 feet x 5 feet • Parking • Toilets • Water for drinking Table showing categories of the hawker business • Vegetables • Fruits • Hosiery • Eatables • Milk • Cutlery • Stationary • Pooja material • Electronic goods • Grocery items • Domestic utensils • Books, school material, newspapers and waste paper stalls • Services like laundry, cobbler, barber etc • Neera natural cold drink • Ice cream, juice, packaged drinking water • Eggs, meat and fish • Biscuits, bread and bakery items • Cycle and its spare parts • Xerox, typing and computer typing • Cassettes • Book binding • Photo framing • Toys • Cosmetics • Electric goods • Crockery • Khadi items • Watch repairing • Stove repairing • Mobile repairing • Wall painting • Umbrella, lock repairing, key making • Tailoring • Others (Some more business categories may be added in future) BOX Pune Municipal Corporation's Hawkers' Policy-2007 PMC has been the first corporate body throughout the nation to prepare Hawker's Policy by availing a grant of Rs 27 crore from the Central Government to construct 10,262 shops of 5 feet x 6 feet The General Body passed the Hawkers' Policy-2007 on February 21, 2008 and after prior sanction from the PMC commissioner, the same has been implemented with effect from March 4, 2008 The implementation of No Hawker's Zone on 30 roads in the first phase and 15 roads in the second phase will help in the streamlining of the traffic on these roads. The first phase of the hawkers' rehabilitation will include 10,262 beneficiaries while some 20,000 hawkers will be rehabilitated in the due course of time with specific time frame. The hawkers will be treated in a dignified manner while rehabilitating and issuing identity cards. 50 Hawkers Malls will be developed in Pune City. A convention of hawkers will be organised to explain the policy to the hawkers. Roads with No Hawkers Zone tag will be under strict vigilance 15 per cent shops will be reserved for the persons below poverty line 5 per cent shops will be reserved for physically challenged, visually impaired, deaf and dumb. Tenders have been issued by PMC for the development of Hawkers Market at following five locations Kharadi Survey No 5 Kothrud Survey No 70 Warje Survey No 81/4 Warje Survey No 125 Baner Survey No